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First DUI on F1 visa and soon will be on H1B

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  • First DUI on F1 visa and soon will be on H1B

    I have a pending DUI case and I have to decide should I go to trial or not.

    I didn't have any accidents or mishap. I passed a police vehicle in no-passing zone as it was very dark and I got pulled over. I had 2 beers and had cans in the car so police charged me with a DUI. Currently, in my evidence or report there is a mention that breath-analyzer was above limit no exact number. Also, my attorney requested more evidence as the provided video doesn't show field test results properly but the DA is not responding to it.

    The DA has offered me Negligent Endangerment but as per my immigration lawyer it comes under moral turpitude which is unacceptable for my visa status. Also, reckless driving is another option I could go for.

    I am not sure how would it affect my H1B Lottery coming up or stamping if I don't go to trail and take Reckless Driving instead of a DUI? How are two different?
    As per my understanding immigration will be able to pull all my records that DUI got reduced to reckless driving so how reckless driving makes it better?

    My DUI attorney mentioned that 'Careless Driving' misdemeanor is not possible as DA is not agreeing, I am not sure if he negotiated enough.
    Please provide any advice you have from your experiences.


  • #2
    Hello, I am on a similar boat. Can you please guide and update what happened to your case

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